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法治作为全球治理的根本方式,包括国际和国内两级治理领域的法治进路。国际法治和国内法治分别应对各自层级内的治理问题,其各自的观念、定位、功能存在差异;两者相互依存,借由“良法”和“善治”两大法治核心要素实现有效衔接;两者之间存在持续的互动过程,互动是国内法治与国际法治关系统一性的基本体现。国际法治和国内法治的互动框架包括三个基本点:国家个体和国内法治;国际社会和国际法治;法治互动媒介。国际法治和国内法治的互动具有双向性、循环性、多样性、综合性与渐进性等特征。在这一互动过程中,中国应据此明确国际定位,积极参与国际法治进程,掌握法治建设话语权。
The rule of law, as the fundamental mode of global governance, includes the path of rule of law in the field of governance both at the international and domestic levels. The international law of law and the domestic rule of law deal with the governance problems within their respective levels, and their respective concepts, positioning and functions are different. They are interdependent and effective through the core elements of the two major legal systems of “good law” and “good governance” Convergence; there is a continuous process of interaction between the two, interaction is the basic embodiment of the unity of the relationship between the rule of law and the international law. The framework of interaction between the international rule of law and the rule of law in the country includes three basic points: the individual and domestic rule of law in the country; the international community and the rule of law in the world; and the rule of law and interactive media. The interaction between international rule of law and domestic rule of law is characterized by two-wayness, circulation, diversity, comprehensiveness and gradualness. In this interactive process, China should clearly define its international position, actively participate in the process of international rule of law and grasp the right to speak of the rule of law.